County commits to early construction of underpass

Citizens still asking questions about the project

By Mark Reaman

The awarding of a $15 million federal grant that will pay for the majority of a roundabout and pedestrian underpass at Brush Creek Road at the entrance to the proposed Whetstone workforce housing project has put to rest one sticking point for the Crested Butte council when it comes to the development. 

The council had made clear that before signing a utility extension agreement for water and sewer service to the 252-unit project, they wanted the pedestrian underpass totally in place before the first occupants were allowed to move into Whetstone. They got that assurance from the county at the Monday council meeting.

“The County commits to beginning work on the underpass in 2026 and that the underpass will be operational by the time the first residents move in in 2027,” a memo to the council from assistant Gunnison County manager for community and economic development Cathie Pagano and John Cattles, assistant county manager for sustainable operations, stated. “The County expects to start work on the retaining walls between the multifamily buildings and the intersection in 2025…The County anticipates the entire intersection (roundabout and underpass) will be completed in 2027.”

“We are thrilled to have this money to get this work done,” Gunnison County commissioner Laura Puckett Daniels told the council Monday. “We are committed to get the underpass finished before people move in.”

She said despite the major grant, there is still a funding gap to close in order to pay for the entire roundabout project. She said the county would be looking for grants and contributions from the Colorado Department of Transportation (CDOT) and other partners. “It is a critical piece to the housing development,” she said. “There could be local asks for the intersection funding match.”

Cattles said between $3.5 and $4.5 million was needed to make the roundabout project whole. “We are looking at various avenues and partners for assistance with funding,” he said.

Crested Butte mayor Ian Billick said the town was also involved in funding the design and match for the Red Lady intersection roundabout that also received some of the federal grant money.

Councilmember Anna Fenerty expressed the desire to not go overboard on the lighting elements that could come with the intersection highway project. Puckett Daniels said the goal was to retain the rural character and feel of the highway. Cattles said there would be a need for lighting to help provide safety with the underpass.

“We all can celebrate how this was a financial and safety windfall for all of us,” said councilmember Kent Cowherd regarding the $15 million grant.

Billick pointed out that the Brush Creek roundabout is not necessarily tied to Whetstone and would happen with or without the development. Puckett Daniels said it has been a county priority for decades.

Ethical issue?

Citizen Marcus Martin tailored some of his public comments on Whetstone with the understanding from councilmember Gabi Prochaska that Puckett Daniels had recused herself from voting on Whetstone as a county commissioner. So that issue was brought up by Fenerty.

“I have not formally recused myself from that decision because that would happen when the project comes before the board of county commissioners,” Puckett Daniels said. “That would come at the October 8 meeting when the commissioners look at the proposal with the planning commission. So, I haven’t actually formally done that, but we have talked about doing that given the appearance of a conflict of interest since I’ve been engaged in this advocacy role with this project. It is all happening publicly.” 

Martin said his understanding when making his comments were thus inaccurate. “The ethical issue is a serious one and it has been acknowledged to me and all of us she plans to recuse herself. Where will the voice of the North Valley be in this discussion? I again ask the council to join me in asking the county to appoint a citizen oversight committee for this project. I will be pursuing this at the county and wherever it goes. Your civic partner in this project has a massive conflict of interest,” Martin told the council. “Our elected officials should not be advocates, they should be representatives. It opens up a series of things and Whetstone should have a citizen oversight board.” 

Martin made similar public comments to the county commissioners at the September 17 meeting, and also asked commissioners to answer whether they have an official ethics policy for the board. Deputy county attorney Alex Filippo-Rosser instructed the commissioners to hold off on responding to the public comment, including Martin’s question, until the October Whetstone public hearing, since commissioners have a policy to not engage in dialogue during public comment. 

Puckett Daniels said later that “to avoid any appearance of impropriety and to demonstrate that the County has and will continue to conduct a full, open, transparent, fair and impartial land use process for Whetstone, my intent is to recuse myself as the first order of business at the joint Planning Commission/Board of County Commissioner hearing on the Whetstone LUR application scheduled for October 8.”

Citizen David Leinsdorf asked about traffic safety if the underpass is completed but not the roundabout when people move into Whetstone. Crested Butte community development director Troy Russ said CDOT would have in place stringent safety measures that could include flaggers, cones, barriers and extended slow-down lanes.

In the public comment section of the meeting, Leinsdorf said he was alarmed the town was relying on the county’s $132 million cost estimate for the project. “It is important to trust but verify,” he said. “A pause in Whetstone might not hurt the county’s finances on this project given interest rates are coming down and inflation is cooling.” Leinsdorf also made clear he was not representing any client when commenting on Whetstone.

Skyland resident George Gibson again made the case that Whetstone would not be affordable for the workers most needing housing in the North Valley. With rents for a studio or one-bedroom apartment expected to be $2,000+ a month he said that was far more than current market rate and not affordable for workers including restaurant workers, childcare workers, construction laborers or teachers.

“The need is there for the people making 60% to 80% AMI (Area Median Income),” he said. “And these categories won’t be impacted by Whetstone. It is important to recognize town is a partner in this project and the need is to make sure these units count.”

In that vein, citizen Paula Martin pointed out that only 40% of the Whetstone units are targeted at people making 120% AMI or less. She suggested the council relook at its deal with the county to postpone and take interest free, long-term payments of the System Investment Fee (SIF), aka, the standard developer tap fees, from the county. Normally that fee is paid upfront. She suggested the fee break only be applied to 40% of the $7.5 million fee. “I suggest you make a counter-proposal to the county to get $4.5 million of the fees (60%) upfront at the beginning,” she said.

Council did not respond to any of the citizen comment issues at the meeting.

Councilmembers indicated the county commitment to an underpass being operational before the first residents move in satisfied one of their big concerns tied to the utility extension agreement. Council also wants to see language that protects the town and its utilities in case of a default by the county and the town has proposed that if the county defaults or misses any of the scheduled payments for the system investment (tap) fees, the full amount due the town would have to be paid immediately.

The final council vote on the modified utility extension agreement is scheduled for October 7. The joint County Planning Commission/County Commissioner meeting for the combined preliminary and final plan approval is October 8. Cattles said final plan is often combined with the preliminary plan. That meeting is scheduled at 1 p.m. October 8 at the Courthouse in the commissioner’s meeting room.